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Forrest M. Smith

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Clean Air Council v. Department of Environmental Protection and Sunoco Partners Marketing & Terminals, L.P., EHB Dkt. No. 2016073L (Adjudication Jan. 9, 2019)

On January 9, 2019, the Pennsylvania Environmental Hearing Board issued its adjudication in an appeal by Clean Air Council of a plan approval issued to Sunoco Partners Marketing & Terminals, L.P. The Board ultimately remanded the plan approval to the Commonwealth of Pennsylvania Department of Environmental Protection (DEP) for further consideration. The Board’s discussion of why it remanded the plan approval provides in-depth insight into what it considers to be indicia of project aggregation for purposes of New Source Review (NSR) and Prevention of Significant Deterioration (PSD) under the Clean Air Act.Continue Reading What does the Pennsylvania EHB aggregation decision and opinion mean for your business?

The past year has been a busy one in environmental law and policy. While a look ahead could include topics such as likely impacts from continuing efforts by the current U.S. administration to bolster use of coal-fired energy or the myriad lawsuits facing the Environmental Protection Agency (EPA) in 2019 from environmental groups and state attorneys general, from a business perspective, developments in air and
water related litigation and regulation are likely to have the most immediate domestic consequences in the coming year.

Examining environmental areas of interest in the macro, climate change lawsuits and policy will continue to factor into everything from investing and insurance, to energy sector decision making.Continue Reading Environmental Areas of Interest in 2019 – A look ahead